planning inspectorate advice note 7
The SoCC must state whether the Proposed Development is EIA development and, if it is, how the Applicant intends to publicise and consult on PEI (Regulation 12 of the EIA Regulations 2017). The advice note has been updated following the introduction of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017. The reconsideration at acceptance will need to take into account any new information that is material to the screening decision. Advice Note Two: The role of local authorities in the development consent process Published February 2015 (version 1). Please note, this advice note refers to. Advice Note 8 includes an overview of the PA2008 system and is particularly helpful in this regard. Amongst the requirements is a reference to the inclusion of additional information specified in Schedule 4 where relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected (Regulation 14(2)(f ) of the EIA Regulations 2017). I can confirm the Planning Inspectorate holds this information. 6. challenging the decision to award costs . Update to Advice Note to reflect DCLG Guidance on the pre-application process. Compiling the Consultation Report has been updated to reflect emerging best practice and lessons learned since the original Advice Note 14 was published in 2014. This will enable the Planning Inspectorate to ensure that there is sufficient resource available to meet the required demand. Correction of Table 3, Tier 2 projects description, removing the word not so that the text reads projects on the Planning Inspectorates Programme of Projects where a scoping report has been submitted.". This new Annex is a result of discussions with Health and Safety Executive (HSE), to help applicants understand HSEs role in infrastructure planning. The purpose of this Advice Note is to provide information to applicants about how to request a change to an application after it has been accepted, and before the close of the Examination. Historic England's NPPF briefing outlines some of the main changes between the 2012 and 2018 documents (the subsequent changes in the 2019 . 3.5 An EIA screening opinion adopted during the pre-application process will necessarily be based on currently available information provided by the Applicant. We do not allow Google to use or share the data about how you use this site. 8.2 PEI is defined in the EIA Regulations 2017 as: 8.3 information referred to in regulation 14(2) which . They are published to provide advice and information on a range of issues arising throughout the whole life of the application process. Google Analytics sets cookies that store anonymised information about: Please enable Strictly Necessary Cookies first so that we can save your preferences! Where the request document contains high resolution plans/figures, the Planning Inspectorate asks that a low resolution electronic copy is also provided to enable easier downloads for those viewing the document via the National Infrastructure Planning website. In addition, should a high level of uncertainty remain around key design elements of the Proposed Development this is likely to limit the Planning Inspectorates ability to agree to scope out aspects/matters to enable the refinement of the ES. This is a new Advice Note. Updated to reflect legislative changes from the Infrastructure Planning Environmental Impact Assessment Regulations 2017, the Conservation of Habitats and Species Regulations 2017 and the Conservation of Offshore Marine Habitats and Species Regulations 2017. changes to reflect the coming into force of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017. Advice Note Eighteen: The Water Framework Directive Published June 2017 (version 1). Planning Policy Wales and related Technical Advice Notes set out a range of Welsh Government planning policies. It accepts no liability for any loss or The Planning Inspectorate must adopt a screening opinion within 21 days of receiving a screening request (Regulation 8(8) of the EIA Regulations 2017). Applicants should therefore consider carefully the timing and nature of any non-statutory consultation exercise to ensure that there is no confusion with the statutory scoping consultation process that the Planning Inspectorate initiates as soon as it receives a scoping request. We do not allow Google to use or share the data about how you use this site. Update to confirm the need for applications to include information for the purposes of Habitats Regulations Assessment. The Advice Note has been updated to reflect requirements following the introduction of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017. 9.5 The Planning Inspectorate acknowledges that the EIA process is iterative and includes public participation as an essential component. The advice note has been updated to reflect up to date practice in relation to requests to make a material change to an application. 6.1 Applicants are required to provide an electronic copy of the screening/scoping request documents, this can be provided via a file sharing system (preferred), CD or other portable storage device. Press office. Formatting changes were also applied. Applicants screening and scoping requests made to the Planning Inspectorate; any additional screening and scoping information requested by the Planning Inspectorate and submitted by the Applicant; the Planning Inspectorates screening opinion(s); the Planning Inspectorates scoping opinion(s) including all consultation responses received within the statutory deadline; and. (Applicants should notify under this regulation if the development is Schedule 1 or, if Schedule 2, they decide to undertake an EIA of their own volition.). It seeks to provide advice about the format and content of the Consultation Report. Under the Localism Act 2011, the IPC is abolished with its work being transferred to the National Infrastructure Directorate, created within the Planning Inspectorate. The advice note has been updated following the introduction of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 which came into force on 16th May 2017. 3.15 If Applicants are relying on measures envisaged to avoid or prevent significant adverse effects on the environment, they should explain these in detail including how such measures will be delivered and secured. at what stage in the design process the consultation is carried out; the complexity of the Proposed Development and the receiving environment. The Inspectorate has published a series of advice notes on the National Infrastructure Planning website, including Advice Note 7: Environmental Impact Assessment: Preliminary Environmental Information, Screening and Scoping (AN7). Advice Note Seventeen: Cumulative effects assessmentPublished August 2019 (version 2). This advice note has been revised in response to emerging best practice and to clarify the duties on the Secretary of State and the role of the European Economic Area Member States and the Planning Inspectorate in the process. The Inspectorate considers that Applicants should make effort to agree their approach to the collection and presentation of information with relevant consultation bodies. It identifies the stages of the Habitats Regulations Assessment (HRA) process and clarifies the information to be provided with a DCO application with respect to HRA at each stage of the Planning Act 2008 process. This will enable the Planning Inspectorate to allocate resources to deal with the request and enable the Planning Inspectorate to identify the consultation bodies in advance of receiving the request thus ensuring a timely start. 1 December 2011. I have considered your request under the terms of the Freedom of Information Act 2000. 3.11 The Planning Inspectorate requests that the following information is shown on the plan sufficient to identify the land: 3.12 Where practical, the information should be included on a single plan. 5.13 Applicants should note that aspects/matters are not scoped out unless specifically confirmed as being scoped out by the scoping opinion. Is there empirical evidence available to support the request? Advice on filming and recording at hearings and inquiries at para's 3.5.3 and 3.5.4 has been updated . This Advice Note seeks to provide: a brief description of the legal context and obligations placed on an applicant, with respect to cumulative effects under national planning policy and the EIA Regulations (the Planning Inspectorate's Advice . It was replaced as a non-prescribed consultation body by the Welsh Language Commissioner which now delivers this function. What DNS applications are currently in progress? Therefore, Applicants that provide notification under Regulation 8(1)(b) should include the information specified in Regulation 8(3), detailed above in Insert 1. Please note, this advice note refers to annexes in a separate document (DOC 119 KB). The Advice Note has been updated to reflect changes in legislation and new ways of working including the submission of electronic only applications. In addition, Regulation 14 of the EIA Regulations 2017 also identifies that the ES must include the information reasonably required for reaching a reasoned conclusion on the significant environmental effects. (Further details of the suggested format for the transboundary screening matrix is provided in the Planning Inspectorates Advice Note 12 Transboundary Impact Consultation.) the Applicant has submitted an ES or updated ES; the Applicant has requested the Secretary of State or relevant authority to adopt a scoping opinion; the Applicant has made a request for a screening opinion or subsequent screening opinion; or. Minor changes to wording in appendices for added clarity. Advice note 10 has been substantially revised to provide practical guidance on how to submit Habitats Regulations Assessment information with an application and how the Planning Act 2008 process, as amended by the Localism Act 2011, will address HRA. Imprecise referencing with links to entire documents are usually unhelpful, and the need for clarification may cause delays in the process. This was prompted by the publication of, Planning Act 2008: guidance on the pre application process (DCLG March 2015) which updated the requirements and procedures that developers should follow during the pre-application stage. 10.4 We follow protocols set down by the Information Commissioners Office, further details of which can be found at www.ico.org.uk. This advice note has been revised in response to emerging best practice. Advice Note Eleven: Working with public bodies in the infrastructure planning process Republished November 2017 (version 4). Sign up to receive email notifications when updates are made to the Planning Inspectorates advice notes and other important web content. We use cookies to store information about how you use the the National Infrastructure site, such as the pages you visit. You can find more information on our privacy page. This may provide a more effective consultation exercise. The purpose of this advice note is to provide advice on elements of the EIA process during the Pre-application stage, namely screening and scoping and to assist applicants in understanding the role of preliminary environmental information. press.office@planninginspectorate.gov.uk. Under that provision, the Secretary of State must notify and exchange information with other EEA states if it is of the view that the proposed development is likely to have significant effects on the environment in these states. We also publish good practice advice notes and other guidance relating to planning appeals and other casework under the Town and Country Planning Act 1990 and related legislation. 9.3 The Planning Inspectorate considers that a good ES is one that: 9.4 Practical advice regarding ES production including presentation techniques is provided at Annex 1 and should be considered alongside this Advice Note. Regulation 10(6) of the EIA Regulations. 7. The information provided in the PEI should be accessible yet meet consultees different needs. Changes to reflect updated arrangements for the consideration of transboundary effects in respect of nuclear NSIPs. 5.5 The Planning Inspectorate must adopt a scoping opinion within 42 days of receiving a scoping request (electronic copy). 2.1The Inspectorate understands that measures required in response to COVID-19 had consequences for Applicants ability to obtain relevant environmental information for the purposes of their assessment. 5.9 Applicants should consider carefully the best time to request a scoping opinion. 1.1 The EIA Regulations determine that EIA development means a development which is either . If the proposed DCO site boundary comprises a number of separate discrete polygons, these should all be included within the single shape file contained in the *.zip file. This includes: 3.8 The Planning Inspectorate requests that notifications made in accordance with Regulation 8(1)(b) of the EIA Regulations are accompanied by information sufficient to facilitate Regulation 11. Do relevant statutory consultees agree with the request? If you are a journalist with an . Advice Note 16 How to request a change which may be material (version 1 July 2015) replaces the previous version of Advice Note 16. Minor amendments made to clarify the interaction and timings of the DCO process and the Environment Agencys environmental permitting regime. a person notifies the Secretary of State in writing under regulation 8(1)(b) that they propose to provide an ES in respect of the Proposed Development; the Secretary of State or an Examining Authority adopts a screening opinion to the effect that the development is EIA development; or. Applicants are strongly encouraged to invest time and effort in both statutory and nonstatutory EIA consultation exercises. the procedural advice issued by the planning inspectorate 4. procedural challenges by way of judicial review: 5. the decision by the secretary of state not to call in a planning application. Update to annex to reflect the limit of file size that can be sent by email. Applicants should note that their formal statutory consultation under s42 of the PA2008 cannot start until one of the above actions has happened. It will be kept under review and updated when necessary. This advice note has been revised in response to emerging best practice. 4.4 More detailed information on EIA notification and consultation is set out in the Planning Inspectorates Advice Note 3. To find out more about how we use and manage your personal data, please go to our privacy notice. 3.10 Applicants should be aware that the purpose of the information in Insert 1, above, is to ensure that there is a properly informed screening opinion. For example, consultees may look for more or less technical information depending upon their interests. This requirement is reflected in the DCO Application Form under Section 14(c) where the Applicant is asked to identify whether notification has been given to these bodies. Advice Note One: Local Impact Reports Republished April 2012 (version 2). Planning Inspectorate . The Planning Inspectorate carries out certain functions related to national infrastructure planning on behalf of the Secretary of State. The Inspectorate will work closely with Applicants and relevant stakeholders notably our statutory consultation bodies in this regard. The minimum information that Applicants must provide with a screening request is set out in the EIA Regulations in Regulation 8(3). Advice Note Sixteen: Requests to change applications after they have been accepted for examination Published March 2023 (version 3). Is there an impact pathway from the Proposed Development to the aspect/matter? (Amendment) Regulations 2020, Updated to establish policy regarding use of hyperlinks, Updated to reflect integration of short form transboundary screenings into the Scoping Opinion where appropriate, and some minor wording amendments, Updated to reflect development of Natural Englands strategic licensing for legally protected species. The Planning Inspectorate is keen to ensure that the scoping process is used effectively, ensuring that the EIA process is proportionate. Advice Note One is about the production of Local Impact Reports. This advice note has been republished to reflect amendments made to the Infrastructure Planning (Application: Prescribed Forms and Procedures) Regulations 2009 by the Infrastructure Planning (Prescribed Consultees and Interested Parties) (Amendment) Regulations 2013 and the Natural Resources Body for Wales (Functions) Order 2013. This advice note sets out a staged approach to cumulative effects assessment (CEA) for Nationally Significant Infrastructure Projects and provides template formats for documenting the CEA within an applicants Environmental Statement. Thank you for your email, requesting information from the Planning Inspectorate. For example, Applicants may choose to consult on preferred sites or solutions. The Planning Inspectorate requires Applicants to provide a GIS shapefile and requests notice of intended scoping requests (see below Advance notice and GIS shapefile). The Planning Inspectorate recommends that the scoping report should include the following information: 5.14 At the same time as making a scoping request, the Applicant may also wish to provide a completed transboundary screening matrix dealing with the potential effects of the Proposed Development on other European Economic Area (EEA) States. Recipients should note that e-mail traffic on Planning Inspectorate systems is subject to monitoring, recording and auditing to secure the effective operation of the system and for other lawful purposes. Updated to reflect legislative change from the Infrastructure Planning Environmental Impact Assessment Regulations 2017 and to clarify the Planning Inspectorates approach to EIA notification and consultation. Where this occurs, Applicants should consider submitting a new screening request to the Planning Inspectorate. Applicants should be aware of the requirements, in certain circumstances to notify Regulation 11(1)(c) bodies. Various edits and section 7.2 - 7.4 rewritten. a description of the Proposed Development, including its location and technical capacity; an explanation of the likely significant effects of the development on the environment; and. 5.10 Ensuring that ESs are appropriately focused on aspects and matters where a likely significant effect may occur is essential. 4.3 These bodies are those the Planning Inspectorate considers (i) to be, or to be likely to be affected, by or to have an interest in the Proposed Development; and (ii) to be unlikely to become aware of the Proposed Development by means of the measures taken in compliance with Part 5 of the PA2008 (pre-application consultation). The purpose of this Annex (PDF 213kb) is to provide useful advice to support applicants with the preparation of their Environmental Statement. is reasonably required for the consultation bodies to develop an informed view of the likely significant environmental effects of the development (and of any associated development) (Regulation 12(2)(b) of the EIA Regulations 2017). 25 October . Advice note no.9, paragraphs 2.3.8 to 2.3.12, have been amended in light of a Court of Appeal judgement and a further amendment has been made to paragraph 2.3.8 Test 2. Start letter and initial work. Advice Note Six: Preparation and submission of application documents (version 11) This advice note will assist applicants in preparing, organising and submitting applications to the Planning Inspectorate. The Inspectorate is required to take into account the advice it receives from the statutory consultation bodies and will continue to do so in this regard. Planning control Planning and . These circumstances are when, before the commencement of the EIA Regulations 2017, one of the following has taken place: 1.9 Applicants should refer to the previous version (Version 5) of this Advice Note for developments where the 2009 EIA Regulations continue to apply. Find more similar flip PDFs like March 2015 - Tidal Lagoon Cardiff EIA Scoping Report. Changes made to reflect the up to date practice in relation to s.53 authorisations, publication and other legislative change. an explanation of the approach to addressing uncertainty where it remains in relation to elements of the Proposed Development eg design parameters; referenced plans presented at an appropriate scale to convey clearly the information and all known features associated with the Proposed Development; an outline of the reasonable alternatives considered and the reasons for selecting the preferred option; a summary table depicting each of the aspects and matters that are requested to be scoped out allowing for quick identification of issues; a detailed description of the aspects and matters proposed to be scoped out of further assessment with justification provided; results of desktop and baseline studies where available and where relevant to the decision to scope in or out aspects or matters; aspects and matters to be scoped in, the report should include details of the methods to be used to assess impacts and to determine significance of effect eg criteria for determining sensitivity and magnitude; any avoidance or mitigation measures proposed, how they may be secured and the anticipated residual effects; references to any guidance and best practice to be relied upon; evidence of agreements reached with consultation bodies (for example the statutory nature conservation bodies or local authorities); and. Is there a method of avoidance or mitigation that would reduce the impact on the aspect/matter to a level where significant effects would not occur? there must not be any other files within the *.zip file; it should be in the British National Grid (OSGB1936) format; multiple *.zip files or multiple .shp files within a single zip file are not compatible with the Planning Inspectorates GIS system. 8.1 As part of their pre-application consultation duties, Applicants are required to prepare a Statement of Community Consultation (SoCC). Annex to Advice Note 7 December 2017 Version 1 best practice used to inform the assessment. ask the Secretary of State to adopt a screening opinion in respect of the development to which the application relates (Regulation 8(1)(a)); or, notify the Secretary of State in writing that they propose to provide an ES in respect of that development (Regulation 8(1)(b)). Press office is open from 09:00 to 17:00 on Monday to Friday, except bank holidays. the Secretary of State has initiated the screening direction. This advice note provides advice for Applicants in relation to the Habitats Regulations. AN7 and its annexes provide guidance on EIA processes during the preapplication stages 3.7 Applicants should be aware that if the Planning Inspectorate screens or re-screens the Proposed Development during acceptance and determines that it is EIA development, Applicants will be required to provide an ES (Regulation 5(2)(a) of the APFP Regulations 2009) and consideration of the DCO application will be suspended until an ES is provided by the Applicant (Regulation 15(4) of the EIA Regulations). March 2015 - Tidal Lagoon Cardiff EIA Scoping Report was published by Dean Bailes on 2015-03-02. All references to Advice note 10 removed, AN10 has been retired. Download March 2015 - Tidal Lagoon Cardiff EIA Scoping Report PDF for free. We use cookies to collect information about how you use National Infrastructure Planning site. provides a clear description of the Proposed Development through all phases of the development consistent with the DCO ie in terms of construction, operation and decommissioning phases; clearly explains the processes followed to develop the ES including the established scope for the assessment; explains the reasonable alternatives considered and the reasons for the chosen option taking into account the effects of the Proposed Development on the environment; details the forecasting methods for the assessment and the limitations (as relevant); assesses in an open and robust way the assessment of likely significant effects explaining where results are uncertain; provides sufficient details of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects, the likely efficacy of such measures and how they are secured; details the need for any ongoing monitoring or remediation; and. The order of the checklist has been revised to reflect the order in which s.55 (as amended) is presented. Regulation 11(3) does not apply to Regulation 11(1)(c) persons or nonprescribed consultees. 2.2 The Inspectorate understands that conducting specific surveys and obtaining representative data for some aspects of the environment may still be difficult in the post pandemic period. 8.3 Legislation, regulations, policy, advice notes & useful documents (Neill Whittaker, Ivy Legal) 91 . We use Google Analytics to measure how you use the website so we can improve it based on user needs. Could the impact contribute cumulatively with other impacts to result in significant effects to the aspect/ matter? 1.7 This Advice Note explains the role that the Planning Inspectorate has in administering the EIA process on behalf of the Secretary of State. Minor amendments to inform about a standard set of Protective Provisions and update climate change information. In particular, the note addresses the procedures for EIA screening and scoping; notification and consultation; matters relating to the production of Preliminary Environmental Information (PEI) and the preparation of Environmental Statements (ES). Responses received after the 28 day deadline will not be considered within the scoping opinion, but will be forwarded to the Applicant for their consideration . The purpose of this advice note is to clarify the Planning Inspectorate's position on the need for widths to be shown on all public path, definitive map and rail crossing . The Planning Inspectorate publish Advice Notes that applicants and others may find helpful, providing more detailed advice and information on the application process. It also provides advice to Interested Parties and others about how to engage in the process when a change to an application is proposed. Planning Inspectorate Published 1 March 2014 . It complements the advice provided in the Planning Inspectorate's Advice Note 9: Rochdale Envelope. Minor updates were made to information in the advice note in response to some industry developments, and clarifications were also made throughout the text in particular in relation to how applicants should prepare their information during the pre-application stage. 6.6 Detailed information on the submission of application documents, including the ES, is provided in Advice Note 6. Updated Application Index and corresponding information in Appendix 1. This advice note addresses the use of the Rochdale Envelope approach under the Planning Act 2008 (PA2008). The Planning Inspectorate has taken steps to keep this e-mail and any attachments free from viruses. However, Applicants are encouraged to provide PEI to enable the statutory consultees to understand the environmental effects of the development and to inform the consultation. 5.2 The request made under Regulation 10(1) must include: 5.3 More detailed information regarding the information to be included in the scoping request is set out at Insert 2. Notes 2, 4, 7, 10, 13,17 and 18 have been withdrawn and are no longer used. 8.9 Applicants are not required to provide PEI when undertaking their formal consultation (although if they do so they must set out how it will be publicised and consulted on as part of this process). the pages you visit on this site, and how long you spend on each page, what you click on while you're visiting the site. The Planning Inspectorate may also consult the relevant non-prescribed consultation bodies (to be identified in accordance with Advice Note 3), who would also be given 28 days to respond. It sets out practical ways in which local authority officers and members can participate in the process and manage resources effectively. Revisions in the light of emerging practice. Planning and development This advice note explains the framework which governs the involvement of relevant consultees and consenting bodies at each stage in the Planning Act 2008 (PA2008) process and sets out the key principles which the Planning Inspectorate hopes will underpin working arrangements.
